Tag Archives: law
The Division of Industrial Relations (DIR) held an important training this week (11/13/19) to discuss the implementation of new workers’ compensation provider lists after the passing of SB 381. The DIR is part of the State of Nevada Department of Business and Industry. They are the regulatory agency that more or less oversees workers’ compensation … Continue reading The Division of Industrial Relations Held an Important Training this Week (11/13/19).
Average Monthly Wage for Fiscal Year 2020 Increases. For Fiscal Year 2020, which begins on July 1, 2019, the maximum average monthly wage used to calculate workers’ compensation benefits has increased to $6,096.60. This is applicable to injuries on claims filed after July 1, 2019. If you have a claim established already, this increase will … Continue reading Nevada Workers’ Compensation Benefits for Injuries After July 1, 2019 (FY 2020).
Special Work Comp Laws Applicable to Fire Fighters A. Contagious diseases Exposure to contagious diseases while providing medical care at work is considered an injury by accident. NRS 616A.265 (2); testing and lifetime benefits for tuberculosis, hepatitis, and HIV are covered in detail for fire fighters. B. Cancer There is a rebuttable presumption of compensability … Continue reading Nevada Fire Fighters Have Special Work Comp Laws
If you are injured while in the course and scope of your employment while driving, and the accident wasn’t your fault, your case is more complicated than the usual work injury case. I urge you to consult with a knowledgeable attorney so that you do not lose important rights and sources of recovery available to … Continue reading Work-related Car Accident Claims Are Complicated
Change Needed to Nevada’s Law on Physician Choice for Injured Workers A. A Short History of the Law In 1913, Nevada first enacted the Nevada Industrial Insurance Act and the Nevada Occupational Disease Act, now known as NRS Chapters 616A-D, and NRS Chapter 617. It was administered by the NIC (Nevada Industrial Commission). The NIC … Continue reading Bad Law on Doctor Choice for Nevada Injured Workers
Older employees in Nevada who have a job accident resulting in an injury, or those who have an occupational illness don’t fare very well under our current workers’ compensation system. For the majority of injured workers who have a work injury or illness who only miss a small amount of time and need a few … Continue reading Older Injured Workers
The Nevada Division of Industrial Relations has determined that meals and lodging for attending physician appointments will be paid at per diem reimbursement rates set by the U.S. General Services Administration. The rates vary by season and by the city or county that is your destination. Your request for reimbursement for meals and lodging should … Continue reading Meals and Lodging
Re-opening Your Nevada Workers’ Compensation Claim Know whether you have re-opening rights and when to time your request. Only injured workers who received a permanent partial disability award, or who were off work due to the work injury or occupational disease have lifetime reopening rights. The … Continue reading Reopening Your Nevada Workers’ Compensation Claim
Recently I recorded some videos on the Nevada Workers’ Compensation Law Hearings and Appeals Process. I take you inside the hearings and appeals court to show you what to expect and to describe what will take place. When you have 15 minutes, click on the video playlist below to view and feel free to comment. … Continue reading Nevada Workers Compensation Law Videos
My neighbor, Carey Colt Payne, was telling me about his new website on laws pertaining to the ownership and transfer of firearms. Carey is a highly respected probate attorney in Las Vegas who is a descendant of the famous maker of Colt guns. He told me that as a gun collector he has amassed a … Continue reading Excellent Information for Gun Owners
Most people, excluding lawyers, are likely to tell you that it is an obvious fact that strenuous activity involving load on the back in occupations with heavy lifting, twisting, bending, and carrying will cause more back injuries. Athletes and medical professionals are less likely to make the injury causation assumption, and will respond that people … Continue reading Low Back Pain: Work-Related or Not?
Test your knowledge of permanent partial disability awards on Nevada workers’ compensation claims with the following quiz. I will post the answers next week with explanations. Have fun! Quiz Time- How Much Do You Know About PPD’s in Nevada? True or False? Even if an injured worker has a surgery … Continue reading Quiz on Nevada Work Comp PPD Awards
I received a letter from Charles Verre, Chief Administrative Officer of the Workers’ Compensation Section of the Division of Industrial Relations responding to my request for more information about the number of benefit penalties against insurers and third-party administrators by DIR. (DIR investigates complaints by injured workers that insurers and/or their third-party administrators are violating … Continue reading Benefit Penalties: Updated Info from DIR
Here’s an excellent question by someone posting a comment to my post about the difference between temporary light duty and permanent light duty: Do Permanent Work Restrictions (light duty) follow me once my case is closed and a settlement has been granted? What happens if (5-10 years later) I take a job that is completely opposite from my restrictions? … Continue reading Permanent Work Restrictions Aren’t Always Permanent for Nevada Work Injuries
For those with accidents occurring after July 1, 2013 through July 1, 2014, the maximum state average monthly wage is $5,290.70. That figure comes from the Nevada Department of Employment, Training and Rehabilitation, Employment Security Division. That figure is the maximum amount that can be used as an injured worker’s average monthly wage if the … Continue reading Maximum Compensation FY 2014
Injured workers have the right to file an appeal if the claims adjuster does not respond to a written request within 30 days. Attorneys are usually the only ones that know that when the adjuster fails to respond, it is called a de facto denial, and a hearing officer can decide whether the requested benefits … Continue reading The Non-Response (De Facto) Denial
When a claim is accepted, almost all insurers include a form that has a brief explanation of benefits available under Nevada workers’ compensation law. There is a lot of information included, and it is in fine print. Very few injured workers bother to read it. However, it does state that an injured worker must send … Continue reading Mileage Reimbursement Should Be Sent in Every 60 Days
I was just sharing some war stories on line with other claimants attorneys about our experiences with particular vocational rehabilitation counselors. There is no question that some counselors do a poor job of assisting injured workers with realistic and fair plans for returning the injured worker to work. However, the injured worker can make the … Continue reading Problems with Your Vocational Rehab Counselor?
The most important benefit under the Nevada workers’ compensation system is the injured employee’s right to get medical treatment. I have prior blog posts about the limitations on that right that are written into Nevada law, such as the limited right to choose a treating doctor. I also just wrote about insurers’ attempts to deny … Continue reading More Unfair Tactics Against Nevada’s Injured Workers
Yes, I’took a long weekend and am taking another. That means little time for blogging and another guest post. This one is by my favorite criminal attorney and law school alumnus, Mace Yampolsky. It is hilarious. Virginia ‘Pubic’ Enemy Caused Crash by Shaving Bikini Line While Driving by Mace Yampolsky Apparently she lacked razor-sharp … Continue reading Humorous Criminal Law
The problem with the Internet articles I see on many sites that look like they provide good information for injured workers is that the content is not specific to Nevada workers’ compensation law. Each state has its own laws that determine work comp benefits. If information is not specific to Nevada law, then injured workers … Continue reading Be Careful What You Read